2021 was another record setting year for biometric litigation, with class action plaintiffs bringing new AI-based consumer privacy claims and a continuing trend of employment-based disputes. Read on for CPW’s highlights of the year’s most significant events concerning biometric litigation, as well as our predictions for what 2022 may bring.
One of the most critical consumer privacy statutes for biometric litigation has been Illinois’ Biometric Information Privacy Act (“BIPA”), which regulates the collection, processing, disclosure, and security of the biometric information of Illinois residents.
BIPA protects the “biometric information” of Illinois residents, which is any information based on “biometric identifiers” that identifies a specific person—regardless of how it is captured, converted, stored, or shared. 740 ILCS 14/10. Biometric identifiers are “a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.” Id. (collectively, with “biometric information,” “biometric data”). BIPA has found itself to be one of the most frequent targets for class actions, as it includes a private right of action with liquidated statutory damages, unlike many other data privacy statutes. Plaintiffs bringing suit under BIPA may seek actual damages or liquidated damages of either $1,000 per violation for negligent violations or $5,000 per violation for intentional or reckless violations.
The number of...
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